Seligman

Albion Pacific Property Resources, LLC v. Seligman

Good Law
329 F. Supp. 2d 1163·2004 WL 1698859·2004 U.S. Dist. LEXIS 14738
United States District Court, Northern District of CaliforniaJuly 1, 2004C-03-3427 VRWCalifornia8,087 words

Opinion

Opinion

Walker, J.

ORDER

Plaintiff seeks attorney fees after prevailing on a motion to remand this action to state court under a federal fee-shifting statute. Because 28 USC § 1447 (c) provides for recovery of such fees, the court must decide whether and what to award. The latter calls upon the court to figure the amount of a “reasonable attorney fee.”

Defendants removed this case to federal court July 23, 2003. Doc # 1. On November 25, 2003, the court remanded the case and granted plaintiffs motion for costs and fees, with the amount of the cost and fee award to be determined after further submissions from the parties. Plaintiff submitted a request for costs and attorney fees in the amount of $81,288.96. PI Memo (Doc # 49). According to the analysis below, the court awards plaintiff costs and attorney fees in the amount of $27,956.36.

I

Plaintiffs request for attorney fees results from its successful motion to remand, in which plaintiff argued that the notice of removal was defective and untimely. See PI Mot (Doc # 15). Plaintiff subsequently filed a letter requesting leave to obtain discovery on the issue of the parties’ citizenship to determine whether a lack of federal subject matter…

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